O'Regan and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Mr O’Regan against a decision of the Administrative Appeals Tribunal (AAT) affirming the Secretary of the Department of Social Services' decision to refuse Mr O’Regan a disability support pension. The core of the dispute revolved around whether Mr O’Regan met the eligibility criteria for the pension, specifically concerning the permanence of his impairments.

The primary legal issue before the Tribunal was whether Mr O’Regan's impairments were permanent as defined by the relevant legislation during the qualification period. This determination was crucial for establishing his eligibility for a disability support pension. The Tribunal was also required to consider, if the permanence criterion was met, whether Mr O’Regan had a continuing inability to work.

The Tribunal found that Mr O’Regan's impairments were not permanent within the meaning of the Act during the qualification period. Consequently, it was unnecessary to consider the further question of whether he had a continuing inability to work. As Mr O’Regan failed to meet the qualification period requirements, his claim for a disability support pension was unsuccessful. The decision under review was therefore affirmed.